MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2503, 2 July 1915, Page 7

MAGISTRATE'S COURT

AN INTERESTING DISPUTE . ■ CHURCH OR DWELLING? . A civil dispute of considerable interest and concerning the rating of a property at Miramar belonging to certain members of the Catholic clergy, was commenced before Mr. D. 6. A. Cooper, S.M., in the Magistrate's Court yes'ter- ; day afternoon. The part'ies to the dispute were the Miramar Borough Council, and Archbishop O'Sliea, the Very Rev. Archdeacon i)evoy, and the Very Rev, Fathers Lewis and Ainsworth, Catholic priests, defendants. Plaintiffs claimed £12 15s. 6d. from defendants, being balance cf rates alleged to be due to plaintiffs for the year ending March 31, 1915, in respect to the property. Mr. T. Neave appeared for plaintiffs, arid Mr. P. J. O'Regan for defendants. In outlining the case for plaintiffs, Mr. Neave said that some time prior to the claim the bifilding in question had been used as a school. Later tile building was used as a dwelling, where once a week religious service was held, while during the week it was used as a private school, where children were taken ior a fee. Counsel went on to coutend that the mere fact that religious services were held there once a week did not make it a church. The house had none of the architectural features of a church, and therefore could not be styled a church. The real test, con-tinued-counsel, as to whether a building was a church-or not was for a person to be able to define the building 'from a distance, and without previous knowledge, whether from its architectural construction it was a church. The Magistrate interposed that he did not agree with this definition of a church. A "whare" might he a church if it were consecrated* as a church. Mr. Neave replied that he was prepared to admit this.' Counsel went on to say that if the house at Miramar were to .be called a church then a house where the head of the family held a service once a week could be called a church. The evidence for plaintiffs was to the offecfc that the.house at Miramar wns in many respects. fitted up as a dwelling. Originally the lnnd it was on had been given to the Catholics for the erection'on it of a Catholic church. At the conclusion of evidence for iilnint.iffs the case was adjourned till Tuesday next, when evidence and legal argument for the defence will be heard. A DISPUTE ABOUT FILMS. . A civil dispute concerning the supply of picture film programmes was heard before Mr. D; G. A. Cooper, S.M., Lionel Caselberg, of. Wellington, proceeding against Williams and Lister, carrying on business tinder the name of the Universal. Film Supply, for £137., In the statement of claim this sum was specified as representing the hire of five programmes of picture films, containing ahoTit 6600 feet each, at £5 each per week for five weeks, from February 22, 1915, to March 29, 1915, £125; and from March 29 to April 14, for 78R7 feet at the rate of £fi per week, £12; making a total of £137. The point in dispute was as to whether the rate for the supply was "per week" as alleged by plaintiff, or the same rate for the whole period of weeks. TCventunlly after evidence had beeti called and considerable leiznl argument, had been heard, it was agreed between the rrsnMivo parties for a judgment for plaintiff, £27 os. fid.. w!Hi costs £1 12s. Mr. T. Hislop appeared for plaintiff, nnd-Mr. A. W. Blair for defendants. A DIRPHTT'TD SIGN" A TURK. A- disputed signature formed the bssis of a civil dispute heard by Mr. D. R. A'. Cooper, S.M., E. J. Prond. jeweller, . proceeding against Eliza. Juue Dyhrburj^

married woman, for 17s. 6d., being the balance of money alleged to bo due on a bag sold to defendant. Defendant denied that she had bought the bag, or that the signature of the person who signed for it was hers. After hearing evidence the Magistrate gave judgment for defendant. Mr. Hoggard appeared for plaintiff, and Sir. H. F. O'Leary for defendant. DEFAULT DEBTORS' LIST. Judgment ivas given for plaintiff by default in the following undefended civil cases by Mr. D. G. A. Cooper, S.M.: John Connell v. Joh'n Danger, £10 10s., posts £1 15s. Crl.; Miss S. Abrahams v. John Searle, £5 55., costs £1 ss. Gd.; Commercial Agency,' Ltd., v. H. E. Jones, £10, costs £1 3s. 6d.; Thos. Ballinger and Co., Ltd., v. J. W. Thompson, £7 10s. 10d., costs £1 3s. 6d.; Carlvle Beatson Robertson, assignee of the estate of Archibald W. Crawford, v. Richmond Davies, £G lis., costs £1 Bs. Gd.; Abraham Walley Mahomed Salaman v. Gilbert Hare, £10 10s., costs £1 10s. 6d.; E. Shaw v. Robert Holford Carene,' £4, costs 125.: E. F. Jones v. Richard Fairchild, £6 10s. 6d., costß £1 •3s. 6d. JUDGMENT SUMMONS. D. I. Barron was ordered to pay Henrv Diokeson £8 os. fid. by July 16i in default'eight days' imprisonment; David Barron was ordered to pay Messrs.'Cooke and Co., £5 Is. by July 15, in default five days' gaol. I POLICE CASES. Mr. D. G. A. Cooper, S.M., presided over the police cases at the Magistrate b Court vesterday. Thos. Middloton appeared on remand charged with helpless drunkenness. He was convicted and ordered to pay medical exnenses, 17s. 6d. Four first-offending inebriates were leniently dealt with.